The Rotary Club of Colombo Regency (“RCCR”) is a member club of Rotary International District 3220.  RCCR operates the website www.rotarycregency.org (the “Site”).

These terms and conditions (the “Agreement“) are between you (“you“) and RCCR (“RCCR,” “we,” and/or “us”) and governs your use of the Site including the materials and information posted on it, and the functionality that permits you to make contributions for a project, or to use any other functionality offered through the Site.

1.        Acceptance of Terms and Supplementary Terms. RCCR operates the Site subject to this Agreement, including the Privacy Policy and any additional guidelines, rules, terms and conditions, or limitations applicable to specific components of the Site (each, a “Supplementary Term“), each of which is incorporated by reference herein.

2.        Project Contributions

2.1      Our Site provides opportunities to make project contributions online to support identified charitable projects. Our Site describes these charitable projects in more detail. The Site also provides information about RCCR, and the projects and organisations it is involved with and/or supports.

2.2      By making a project contribution you acknowledge and agree that you are at least eighteen years of age, legally competent, and that you are entering into a legally binding contract with RCCR governing your use of the Site, which contract includes all Supplementary Terms. If you are an individual accepting this Agreement on behalf of an agency or entity, you warrant that you have the legal right to accept this Agreement on behalf of such agency or entity and that the agency or entity will also be bound by this Agreement.

• You acknowledge and agree that RCCR retains control over any received funds and shall have the absolute discretion as to how the contributions received from you shall be utilized in keeping with its objectives.

2.4      To make project contributions you will need to follow the procedures set out on the Site. Your transaction will be processed through our payment services provider, Webxpay (Pvt) Limited. By confirming that you wish to proceed with your contributions you authorize Webxpay to request funds from your credit, debit, or payment instrument provider. You may pay by credit or debit card, by cheque, or bank transfer. Further details of the procedures for payment are displayed on our Site.

2.5      Any times or dates stated by RCCR in relation to terms and conditions in this Agreement are estimates only. We will make all reasonable efforts to complete required actions within the time specified, but we do not accept liability for any failure to deliver within that time.

2.7      Acceptance of your contributions is at the discretion of RCCR and processing of same shall be subject to applicable laws and regulations.  If your contribution is accepted, we will issue you with a receipt.

2.8      You undertake that all details you provide to us for the purpose of making project contributions and obtaining refunds if any will be correct, that the credit or debit card, which you use is your own. We reserve the right to obtain validation of your credit or debit card details or verification of the authenticity and ownership of these payment methods before taking any other steps to process your project contribution.

2.10    Project contributions may be refunded if you make a request to that effect in writing to rccr.ipg@gmail.com within 24 hours after the contribution was made. All refund requests will be processed as quickly as possible provided that funds received from you remain unutilized or uncommitted at the time of the receipt of your request.

2.11    We do not provide accounting, tax or financial advice and you should not rely on any information that may be given on our Site to determine the accounting, tax or financial consequences of making a project contribution.

3.        Amendment. RCCR reserves the right to modify this Agreement from time to time in its sole discretion by posting an announcement of such changes on the Site, along with the revised Agreement marked to show the date of last revision. By continuing to use the Site after such changes are posted, you acknowledge and agree to be bound by the Agreement as modified.

4.        Modification, Suspension, and/or Cancellation. RCCR reserves the right to modify the Site, and change, suspend, or discontinue providing all or part of the content or functionality of the Site in its sole discretion, with or without notice. You agree that RCCR shall not be liable to you or to any third party for any such actions. Unless explicitly stated to the contrary, any new features including new content, shall be subject to these terms and conditions. Please note that although we try to ensure that the content of our website is accurate, it may contain typographical errors or other inaccuracies.

5.        Personal Information

5.1.     When you submit your payment details on the Site, these details will be transferred to our payment provider, Webxpay (Pvt) Limited, and your payment data will be collected and processed securely by them. You should make sure that you are aware of Webxpay’s terms and conditions, which are different from our own, to ensure that you are comfortable with how they will process your personal data before you make a contribution.

5.2.     RCCR’s use of personal information collected from and about you in connection with your use of the Site is governed by our Privacy Policy, (the “Privacy Policy“), and which is incorporated by reference into this Agreement as a Supplementary Term.

5.3.     By providing this personal information, subject to the terms of the Privacy Policy, you grant to RCCR a perpetual, irrevocable, transferable, worldwide, royalty-free license to use, reproduce and store, and subject to your privacy preferences, to display, publish, transmit and distribute such information in connection with the operation of the Site.

6.        User Credentials. When you make a project contribution, you will be asked to provide certain personal information, such as your name and contact information. You acknowledge and agree that:

• You agree to provide accurate and truthful information, and to promptly update this information to reflect any changes;

• You represent that you have all rights in the information necessary to provide that information to RCCR;

• If you are accepting this Agreement as a representative on behalf of an agency or other entity, you represent that you have the rights to submit the registration information on behalf of that agency or other entity; and

• RCCR will not be liable for any loss or damage arising from your failure to comply with this section.

7.        Rules of Conduct. Your use of the Site is expressly conditioned on your responsible, voluntary and lawful participation. Accordingly, and without limiting the foregoing:

• You acknowledge and agree that your use of the Site is conditioned on your compliance with this Agreement and all applicable laws, rules, and regulations.

• You agree that you will not post, transmit, distribute, publish, use, or otherwise make available, through or in connection with the Site:

(i)        Anything that is or may be (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory; (c) fraudulent or tortuous; (d) obscene, indecent, pornographic, offensive, or otherwise objectionable, in all cases as determined by RCCR in its sole discretion;

(ii)       Anything that is protected by copyright, trademark, trade secret, right of publicity, moral rights, or other proprietary right without authorization from the rights-owner;

(iii)      Any material that would give rise to criminal or civil liability; that encourages violence or other conduct that constitutes a criminal offence; or that encourages or provides instructional information about violent, offensive, or illegal activities;

(iv)      Any hardware, software, equipment, virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that may: (a) harm RCCR or invade, harm, disrupt or hijack the operation of the Site; (b) mislead or harm any third party; (c) monitor access to or use of the Site by others; or

(v)       Any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” communication or solicitation designed or intended to obtain password, account, or private information from any user, or any other form of solicitation.

• You agree that you will not use the Site to:

(i)        Engage in fraudulent or unlawful or unethical activities of any kind;

(ii)       Defame abuse, harass, stalk, threaten or otherwise violate the legal, privacy, publicity, or other rights of others;

(iii)      Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; or assert or imply that RCCR or any Site user endorses any statement you make;

(iv)      Interfere with or disrupt the operation of the Site or any servers, hardware, or software used in connection with the Site;

(v)       Transfer or copy any protected material, content or information made available through any restricted portion of the Site to any non-restricted portion of the Site or to any public forum; or

(vi)      Restrict or inhibit any other person from using the Site.

• You agree that you will not, without our express written consent:

• Modify, adapt, reverse engineer, decompile or disassemble any element of the Site;

• Remove any copyright, trademark or other proprietary rights notice from the Site or any materials posted on or originating from the Site;

• Frame or mirror any element of the Site;

• Systematically download Site content to create a separate data base;

• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” “harvest” or in any way gather Site content, or reproduce or circumvent its navigational structure or presentation; or

• Use the Site to solicit funding, grants, or financial assistance of any kind without an explicit invitation by the donor, or to distribute funds, seek grant proposals, or issue requests for proposals.

8.        License. Subject to your compliance with the terms and conditions of this Agreement RCCR hereby grants to you a limited, non-exclusive, revocable license to access and use the Site and download and print the content and information on or made available through the Site (provided that you keep all copyright or other proprietary notices intact on such content and information), solely for your personal, non-commercial use. You may not republish such content or information on any other Internet, Intranet or Extranet site or incorporate the content or information in any other database or compilation. Any other use of the Site or content and information is strictly prohibited. RCCR reserves all rights not expressly granted in and to the Site and its content and information and all intellectual property rights therein (including the trademarks and service marks on the Site).

9.        Proprietary Rights. The Site and other information or materials made available through or used in connection with providing the Site are and shall remain the property of RCCR and its licensors (including Site users) and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. Except as expressly provided herein or permitted or otherwise authorized in advance by RCCR in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on any element of the Site, including without limitation the Site itself or any Site content, or other materials made available through the Site.

All trademarks and service marks on the Site not owned by RCCR are the property of their respective owners. The brand names, logos owned by RCCR or Rotary International, whether registered or unregistered, may not be used by you in connection with any product or service that is not ours. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use RCCR’s brand name or logo without our express prior written consent.

10.      Security. You must notify us immediately of any breach of security regarding our Site that comes to your attention. We will do all we reasonably can to protect this site and all internet communications passing between us and you, but we cannot be held responsible for:

(a)       any losses fairly attributable to your failure to take reasonably precautions to prevent interception of or interference with any such communications (including, without limitations) failure to use and keep up to date firewalls and anti-virus software on your own computer; or

(b)       any losses arising from fraudulent or unauthorised use of your credit or debit card or other forms of payment. If you become aware of fraudulent use or your card, or if it is lost or stolen, you should notify your card issuer.

11.      Limitations of Liability and Disclaimer of Warranties.  THE SITE AND ALL INFORMATION, SERVICES, LINKS, OR OPPORTUNITIES FOR GIVING DESCRIBED AND/OR AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING. RCCR DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE; PROJECTS, FUNDRAISERS, REGISTRIES OR OTHER OPPORTUNITIES FOR GIVING DESCRIBED, FEATURED, AND/OR AVAILABLE ON OR THROUGH THE SITE; THE USE OF PROJECT CONTRIBUTIONS PROMISED OR PLEDGED; AND ANY CONTENT OR SERVICES AVAILABLE ON OR THROUGH THE SITE OR ON OR THROUGH ANY LINK OR LISTING, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE.

RCCR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF INTELLECTUAL PROPERTY, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION IN CONNECTION WITH YOUR USE OR ANY OTHER PARTY’S USE OR MISUSE OF THE SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

WE DO NOT GUARANTEE THAT THE SITE WILL BE OR REMAIN SECURE, COMPLETE OR CORRECT, THAT THE SITE, THE SERVER THAT MAKES THE SITE AVAILABLE, OR THE SERVICES AVAILABLE ON OR THROUGH THE SITE ARE FREE OF ERRORS, VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED. THE SITE MAY INCLUDE INACCURACIES, ERRORS AND MATERIALS THAT VIOLATE OR CONFLICT WITH THIS AGREEMENT. ADDITIONALLY, IT IS POSSIBLE THAT THIRD PARTIES MIGHT MAKE UNAUTHORIZED ALTERATIONS TO THE SITE.

If we are liable to you for any reason, our liability will be limited to the amount of any project contribution you have made. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or for our fraudulent misrepresentation.

12.      Indemnity. You agree to defend, indemnify and hold harmless RCCR and its respective successors, sponsors, affiliates, agents, representatives, suppliers and members, from and against all claims, losses, costs and expenses (including attorneys’ fees) including those arising out of (a) your use of, or activities in connection with, the Site; (b) any violation of this Agreement by you; and (c) your violation of any rights of any other person or entity while using the Site.

13.      Termination. This Agreement is effective until terminated. RCCR, in its sole discretion, may terminate your access to or use of the Site at any time and for any reason or no reason, including if RCCR believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice. You agree that RCCR shall not be liable to you or any third party for terminating this Agreement and/or terminating your access to the Site. Nor shall RCCR have any obligation to make information or files associated with the Site available to you after any such termination.

14.      Governing Law and Jurisdiction. This Agreement is governed by and shall be construed in accordance with the laws of Sri Lanka.  In the event of a dispute arising out of or in connection with or with respect to this Agreement or any breach thereof, such dispute shall be determined and settled by arbitration in Colombo, Sri Lanka in accordance with the Arbitration Act No. 11 of 1995.  The award rendered by the arbitrator shall be final and binding on the parties thereto, and judgment may be entered in any court of competent jurisdiction.  Nothing in the above provision shall prevent either party from applying to a court of competent jurisdiction for equitable or injunctive relief.  The Site is hosted and operated in and made available from Sri Lanka. RCCR does not represent or warrant that the Site or any element thereof is appropriate, available, or legal for use in any jurisdiction other than Sri Lanka. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

15.      Contact Us. If you have any questions regarding this Agreement, please send an e-mail to rccr.ipg@gmail.com Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

16.      Miscellaneous. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and RCCR. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and RCCR relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and RCCR relating to such subject matter. Notices to you may be made via posting to the Site or by e-mail in our sole discretion. RCCR will not be responsible for failures to fulfil any obligations due to causes beyond its control.